• Sibal says protests are not peaceful

• Instead of assisting the court, the state is trying to politicise the case: SG Mehta

• Sibal alleges female lawyers representing the state government are being threatened.

• CJI: if doctors do not resume to work then we cannot stop the govt from taking disciplinary action. we want to ensure that doctors resume work, they are in a system to render service, we will provide facilities but they have to reciprocate. Mr Sibal on record ensures that those doctors who resume no action , including punitive transfers shall be adopted against those doctors.

• State in affidavit indicated that funds have been sanctioned for carrying out the safety measures...this shall be monitored by the District Collectors. In order to create sense of confidence we state that in the event that doctors come to work by 5 PM tomorrow: CJI

• Junior doctors must return to work: CJI

• State of WB must create steps to create degree of confidence in the minds of the doctors that concerns regarding their safety and duly be catered to . The police shall ensure that necessary conditions are created for ensuring the safety of all doctors (including provisions for separate duty rooms; toilet facilities ; installation of CCTV cameras: CJI

• During course of hearing grievance made by WB regarding the mass abstention from work of resident doctors of medical colleges across state for 28 days, as consequence of which health care is facing severe disruptions: CJI

• J Pardiwala: at a time at a given shift how many resident doctors work?
  Sibal: I will find out
  CJI: total how may public hospitals in calcutta? 737? Sibal: we will find out

• Luthra explains that several doctors are facing bullying and threats. some doctors are giving voluntary treatment outside the hospital, - for women doctors should get toilets, rooms to rest and safety precautions

• We can record that if doctors resume to work, no adverse action but if they do not resume work as doctors then we cannot restrain state govt from taking actions: CJI

• Senior doctors, 200 odd are on duty, but junior doctors in Calcutta are not on duty, the ones not on duty in Calcutta and periphery, people are getting threats- they say we know your father is in govt job etc: Counsel Luthra

• Protests are happening all over the place without police permissions, what do we do? this is now turning into something else, 41 police members effects, one permanently lost his eye, police is being denied treatment : Sibal

• 23 people dead since doctors not coming back to work, 6000 people affected - they don't go to work, lordship said last time they must go back to work, therefore lordships should indicate that if they don't go back to work proceedings be initiated, Sibal says
  

• Tell us by next day on what steps on ground are taken. Let the district collectors engage with the heads of the medical colleges and ensure steps are taken by the next week: CJI

• "If 4447 CCTV cameras where there installed, then why would this incident take place? Tell us at RG Kar what equipment has been installed? not just the funds , what progression took place on the ground?: CJI

• Bench studies state health department report on security measures.

• We would expect the WB to file on record the safety measures on site even before the NTF filed its report: CJI
  Sibal refers to health department report

• Distress calls and CCTV be installed in all hospitals; (2) management of the hospital should be the complainant; (3) there should be some badge or wrist to ring alarm in case of violent incident: Counsel

• SG stated that during the above challan is not part of file handed to CBI for investigation. It is submitted by one of the petitioner before the HC that the form was produced before HC in course of hearings. The form is unavailable with Mr Sibal and Astha Sharma. (WB form 5371) the PRB form 54....a copy of the form duly filled in should be produced before the court in the next hearing: CJI

• Luthra: The fact is they are being circulated, one person given name of 10-20 main miscreants in this hospital

• CJI: where did you get those photos?

• Scene of crime was not cordoned at all: Counsel Geeta Luthra

• CISF has to ensure and tighten up measures who can access to the emergency ward, please ask the CISF company to ensure that all necessary safety and precautions are adopted to protecting the doctors and nurses of RG Kar Medical College and Hospital: CJI

• Counsel Geeta Luthra raises issue of civic volunteers who are up and above the Kolkata Police.

• "Tiles and basin removed, if a Luminol test is done now nothing would be revealed: Counsel

• Counsel: I have names of the miscreants who came , who tampered with the evidence
  Sibal: CBI itself has not said that seal is broken

• Sr Adv Karuna Nandy requests a status report on the safety of whistle blowers in the Sandip Ghosh Financial Irregularities Case- the two are connected, High Court also said

• Names of those who came to the hospital and vandalised the hospital submitted in sealed envelope with three photographs.

• We do not have clarity on the time of death, been a month since death. The person who first saw the body should have been the first informant: Counsel

• There is clarity (1) when the death occurred ; (2) the timing in around the death also that she had a meal before death, there is delay of 14 hours of filing FIR: CJI

• Counsel submits that before the HC, it was shown in CD

• SG: The possibility of it being created subsequently should not be ruled out

• Sibal: what should not be ruled be out? What has been created subsequently? Nothing has been created subsequently.

• Sibal: we will be filing an affidavit on this
  CJI: CBI will have to make a requisition for this

• Look at the PMR, the constable is supposed to carry this challan...there is no reference of the challan used, you need to explain, tomorrow if this document is missing, you will have to explain why this happened: Justice Pardiwala

• The file to CBI doesn't contain it, but it appears from the argument of my friend that it exists

• Counsel: without the challan, the doctor cannot conduct the PMR Sibal seeks time to place the challan on record

• Sibal: I'm told CJM came and filled it himself, there was no separate form

• CJI: Has the PMR been done without the filling of the form?

• Sibal: I don't have that information

• Ms Sharma where is the challan when dead body is given for PMR? This form also has a column with remarks what clothes and other things seized were sent to the doctors who conducted the PMR: CJI

• Not in the file given to us: SG Mehta

• I cannot find the document immediately: Sibal

• Because when the body is dispatched after the PMR, only the doctors doing the inquest would look at it, where is that filled out challan for the dead body, let the CBI give it to us: CJI

• Legs were found at 90-degree angle, which can only happen when the hips are broken .... was an X-ray done, and were the X-ray plates handed over to the CBI: Counsel
  When the body is dispatched, do you have that letter when it is dispatched for PMR? we have flagged a document, do you have it here?: CJI

• What CBI handed over is 27 minutes of the actual search operation, we wanted to know whether you are in complete possession of the CCTV between the time the accused left the hall- who else had entered the hall?: CJI

• Without FIR, forensics cannot come into place: Counsel
  We are led to believe that the first FIR was at 3:30. there at GD entries - 542; 565; 576 and 681 ....the discrepancies point out, CBI is alive to them, let them continue it: CJI
  Counsel submits that vaginal swabs have not been preserved at 4 degrees Centigrade

• Officer is present, (to SG) ask him to take the report in his hand...the first line on the top- read it in your mind - the very first line. The one which you have marked in red. (Some confusion). Have you looked into this? is it in the form of some interpolation or something?: Justice Pardiwala
  The time difference is a matter of investigation: SG Mehta
  You have said that in the status report ....obviously at this stage when CBI is looking into it, we should not be commenting on it: CJI

• CBI will send it again for retesting the samples to AIIMS and other central labs: SG Mehta

• The Bench is discussing the part of the report suggested by SG Mehta

• Please see the laboratory report, I am not reading it, please see the underlined portion: SG Mehta

• SG Mehta requests the bench to see a portion of the report.

• SG Mehta reads from the medical report - death is homicidal, evidence of forceful penetration and sexual assault

• The judicial magistrate was present: Sibal

• That is where the mystery lies. Between 2.30 and 11.30 in the night only 10 GD entries? Is it manufactured?: asks Counsel

• Who is the videographer? Where did he come from?was it reiteratable or non-reiterable? it has to be mentioned, all the 3 female doctors are part of the lobby....see the second line it has to be at 4-degree centigrade: Counsel

• CJI appreciates the point raised by the counsel

• The post-mortem report and compare it with the UD case it was started. Were the clothes produced before the post-mortem doctor? These have to be sealed and handed over to the investigating officer: Counsel

• FIR at 11:45 at night, in the last 27 years of my career, I have never seen a case: Counsel

• A counsel says post mortem in rape and murder cannot be held after evening.

• Bikash Ranjan Bhattacharya, counsel for the family raises the allegation of attempts to bribe the family. CJI says the matter is in the CBI report and the agency is looking into it.

• A total of 3 companies of CISF have been deployed at RG Kar. Mr Sibal for state of WB has indicated that the provision for housing the personnel has been made as in the statement on record by Union on the other hand, it is indicated that accommodation is (1) RMA Quarters; (2) RG Kar College; (3) Indira Maitri Sadan, which will be handed over by 3 pm today.....we direct that a senior officer nominated by State of WB and Senior officer nominated by CISF Laise the place of accommodation: CJI

• On ground the story is different: Sibal

• They have deployed 3 companies, other 2 are yet to be provided accommodation: CJI

• CJI refers to submissions on CISF. If some incident takes place, the CISF, I stand responsible: SG Mehta

• We requested for door-size metal detectors, after two weeks: SG Mehta; We have provided: Sibal

• Sibal submits that most of the CISF troops are staying at the hospital, rest are away

• Where are they currently housed?: CJI

• There are three lady companies of the CISF which are not provided adequate accommodation, take 1.5 hours to travel: SG Mehta
  

• We have seen the further line of investigation, we do not want to comment upon it in open court. We would like a status report by Monday, let CBI proceed on basis on what they are exploring, their leads status report has been filed by CBI, it appears that investigation is in progress, we direct the CBI to file fresh status report on so and so...we will take it upon Tuesday, lets see what happens now and...CBI is doing it, we don't want to guide CBI on its investigation: CJI
  

• There are two swabs and the results: SG Mehta informs the bench

• Bench continues to examine the reports.

• We have a forensic report, one thing was admitted, when the girl was found at 9:30 pm, she was in a semi-nude condition, jeans and undergarments removed, and there were injury marks on her body....they took samples, and sent them to CSFL, and the CBI has decided to send the samples to other AIIMS and central labs. Who took the samples becomes relevant: SG Mehta

• Two things (1) seizure 8:30-10:45 given ; (2) in parts videos are given in hard disk, technical glitch, stored in part, but given in full: Sibal

• 4 clippings, totaling to 27 mins in duration: SG Mehta

• Has the Calcutta Police handed over the entire footage of the proceedings of what happened between 8.30 pm and 10.45 pm?: CJI

• There is CCTV footage to indicate what time the accused entered and existed, obviously, there will be footage after 4:30 in the morning...has the CCTV footage in its entirety been handed over to the CBI? CJI

• 8:30-10:45 evening, search and seizure was done, once the body was removed for postmortem then photos were taken: Sibal

• Second question when was the search and seizure actually carried out?: CJI

• The inquest?: Sibal
  Time?: CJI
  4:20-4:40, Judicial Magistrate (JM) arrives at 4:10, he conducts the inquest from 4:20-4:40, it is videographed: Sibal

• GD ? GD was at 3:30, 565 is merely a medical report. 11:30 PM at night, I have the copy: SG Mehta
  No, I have the copy too, it's a certified copy: Sibal

• What is the GD entry by virtue of which 861/2024 comes into existence? CJI
  565: Sibal
  At what time was 565 recorded?: CJI
  

• The death certificate was given at August 9, 1.47 pm and UD entry at the police station was at 2.55 pm: Sibal

• She is a daughter, a daughter for all of us, I take in that spirit: SG Mehta

• What is the time at which GD 861/2024 came into existence: CJI

• Bench further examines the report

• What is the distance between the residence of the ex-Principal Sandip Ghosh and the RG Kar hospital?: CJI; SG: 15-20 minutes

• Bench is examining the report submitted in sealed envelopes

• Sibal claims 23 people have died as doctors are not working; SG Tushar Mehta states he didn't receive the report

• We have filed the status report of the investigation: Kapil Sibal, counsel for Bengal government

• SC division bench led by CJI DY CHandrachud to hear on the rape and murder of the 31-year old postgraduate trainee at the RG Kar Medical College and Hospital shortly

The Supreme Court on Monday commenced hearing a suo motu case related to the rape and murder of a postgraduate medic at the RG Kar Medical College and Hospital in Calcutta.

A bench comprising Chief Justice DY Chandrachud and Justices J B Pardiwala and Manoj Misra is hearing the matter.

On August 22, the apex court had tore into the Kolkata Police over the delay in registering the unnatural death of the woman doctor, who was raped and killed at the RG Kar Hospital, calling it "extremely disturbing", and questioned the sequence of events and the timing of its procedural formalities.

The top court had earlier constituted a 10-member National Task Force (NTF) to formulate a protocol for ensuring the safety and security of doctors and other health care professionals.

Terming the incident as "horrific", the apex court had excoriated the state government over the delay in filing the FIR and allowing thousands of people to vandalise the state-run facility.

The alleged rape and murder of the junior doctor in a seminar hall of the state-run hospital has sparked nationwide protests.

The medic's body with severe injury marks was found inside the seminar hall of the hospital's chest department on August 9. A civic volunteer was arrested by the Kolkata Police in connection with the case the following day.

On August 13, the Calcutta High Court ordered the transfer of the probe from the Kolkata Police to the CBI, which started its investigation on August 14.

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